What Is Loss of Consortium in a Texas Wrongful Death Lawsuit?

What Is Loss of Consortium in a Texas Wrongful Death Lawsuit?

Loss of consortium isn’t fully understood by many non-specialists. Losing a loved one is never easy. If you have experienced this situation, you will be well aware of the grief and pain associated with the incident. When the death was due to another person’s negligence, you have the right to pursue the matter in court. It is the only way to get justice for the wrongful death of someone close to you.

Moreover, if the deceased individual was your spouse, parent, or child, you are eligible for compensation based on loss of consortium in Texas. The state knows that you suffered wrongly. Therefore, it allows you to receive money in return for the loss of companionship. The loss of a single life affects several people. When the sole breadwinner of the family dies, the entire family comes under pressure. For this reason, the state of Texas makes sure that the people impacted by a victim’s death are cared for in every possible way.

Every year Texas witnessed several accidents and mishaps, which took the lives of many. The fatality rate on Texas roadways for 2019 was 1.26 deaths per hundred million vehicle miles traveled. People who suffered in these accidents were victims of someone else’s negligence. The victims’ close relatives suffered after losing a loved one. The victims were unable to provide affection, support, and financial stability to their families. In such circumstances, people need to be more aware of laws about the loss of consortium and how much compensation they can get.

How Is Loss of Consortium in Texas Defined?

According to the rules of Texas, if you have lost your family member or someone very dear, you deserve to be compensated. Since it was the fault of the other party that caused you massive pain, they need to pay for their crime. Whether you lose a spouse or a parent, they all come under the same category. People losing their partners have to sustain so many difficulties. They don’t only lose a person but lose the affection and emotional support of a partner.

The same goes for the loss of parents or children. A parent can never see their child in pain. If someone accidentally puts their child in danger or becomes the reason behind the child’s death, then the grieving parents have full authority to sue the accused. Texas laws allow parents to demand money for their child’s wrongful death.

In the case of a child losing his or her parents, they can demand higher compensation. Parents not only provide for children but give them love and affection as well. Both of these things are very important for a healthy child. Thus, biological children of deceased individuals are eligible for consortium damages in Texas. However, adopted children and other relatives cannot seek any benefits.

  • Loss of Services:

Loss of services is termed as other damages. These can be brought forward by family members and include loss of support. For example, family members can show that the victim was the only earning member. In this case, the family can receive financial assistance. Moreover, loss of services also includes unpaid services. Whether the victim used to do household chores or run errands, their absence will make things difficult for the family.

  • Calculating Losses and Damages:

It’s easy to calculate lost wages, medical bills, and other monetary losses, but the same can’t be said for the loss of consortium. These damages are much more emotional and cannot be seen. So, you need legal assistance. To correctly determine the loss of consortium in Texas, you need to consider a few factors like:

  • What was the role of the victim in the household?
  • Did the victim have a partner and did they suffer?
  • How involved was the victim in the lives of their relatives?

A correct judgment can be made after considering all these points. Even though money cannot compensate for the loss of emotional support, but it can help you economically.

Hiring Our Experienced Attorneys:

If you have experienced loss of consortium in Texas and need someone to fight your case, we are here to help you. Our seasoned wrongful death lawyers have fought multiple cases of the same nature and know-how to carry on your lawsuit. You have suffered due to another person’s negligence thus you deserve to get justice. Let our team calculate damages, handle your court sessions and manage the entire case for you. All, you need to do is contact our attorneys and explain your case. Get an appointment today.


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